Murder charge dropped in Glens Falls toddler death
Posted at: 10/19/2012 9:08 AM
| Updated at: 10/19/2012 3:07 PM
By: WNYT Staff
QUEENSBURY - A Warren County judge has thrown out the murder indictment of a man accused of killing his 15-month-old child.
Gary Waite of Glens Falls was accused in the death of his son Jesse Smith.
Waite's attorney asked to have the murder charge dismissed, saying Waite called for help once he realized his son was injured and he did not act with "depraved indifference" as prosecutors contend.
In a decision released late Friday afternoon the judge agreed.
Waite still faces a manslaughter charge.